{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-400.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-400.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-400.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-400.4.html"}],"law_id":85449,"edition_id":1,"section_id":85449,"structure_id":13460,"section_number":"58.1-400.4","catch_line":"Minimum tax on home service contract providers","history":"2017, c. 727.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Collected provider fees” means provider fees collected on home service contracts issued to a resident of the Commonwealth.\n\t\t\t“Home service contract” means the same as that term is defined in § 59.1-434.1.\n\t\t\t“Provider” means the same as that term is defined in § 59.1-434.1.\n\t\t\t“Provider fee” means the consideration paid for a home service contract issued to a resident of the Commonwealth.B\n\nFor taxable years beginning on and after January 1, 2018, a provider shall be subject to a minimum tax instead of the corporate income tax imposed by § 58.1-400, if applicable, net any income tax credits that may be used to offset such tax, if the tax imposed by § 58.1-400 is less than the minimum tax imposed by this subsection. The minimum tax imposed by this subsection shall be equal to 2.25 percent of such provider’s collected provider fees.C\n\nIn the case of an income tax return for a period of less than 12 months, the minimum tax shall be based on the collected provider fees for the calendar year that ends during the taxable period or, if none, the most recent calendar year that ended before the taxable period. The minimum tax shall be prorated by the number of months in the taxable period.D\n\nFor purposes of the corporate income tax imposed by § 58.1-400, a provider’s collected provider fees shall be considered sales in the Commonwealth when determining such provider’s sales factor pursuant to § 58.1-414.E\n\nWhen a provider that is subject to the tax imposed by this section is one of several affiliated corporations that file a consolidated or combined income tax return, the portion of the affiliated corporations’ tax liability that is attributable to the provider shall be computed as follows:1\n\nEach corporation included in the consolidated or combined return shall recompute its corporate income tax liability, net of any income tax credits, as if it were filing a separate return. The separate income tax liability of the provider shall then be compared to the affiliated corporation’s tax liability, net of any income tax credits, indicated on the consolidated or combined return. For purposes of this section, the lesser amount shall be deemed to be the corporate income tax imposed by § 58.1-400 and attributable to the provider.2\n\nIf such corporate income tax amount is less than the minimum tax of the provider as calculated pursuant to subsection B, the provider shall be subject to the minimum tax in lieu of the corporate income tax imposed by § 58.1-400.3\n\nIf such corporate income tax amount exceeds the minimum tax of the provider as calculated pursuant to subsection B, the provider shall not owe the minimum tax.F\n\nThe requirements imposed under Article 20 (§ 58.1-500 et seq.) of Chapter 3 regarding the filing of a declaration of estimated income taxes and the payment of such estimated taxes shall be applicable to a provider regardless of whether such taxpayer expects to be subject to the minimum tax imposed herein or to the corporate income tax imposed by § 58.1-400.\n\t\t\tFor purposes of determining the applicability of the exceptions under which the addition to the tax for the underpayment of any installment of estimated taxes shall not be imposed, it shall be irrelevant whether the tax shown on the return for the preceding taxable year is the corporate income tax or the minimum tax.G\n\nEvery provider that owes the minimum tax imposed by this section shall remit such tax payment to the Department of Taxation.H\n\nThe minimum tax imposed by this section on providers is in lieu of all other state and local license fees or license taxes on providers and home service contracts.I\n\nThe minimum tax imposed by this section shall:1\n\nApply to (i) any entity that immediately prior to January 1, 2018, was licensed as a provider under former Article 2 (§ 38.2-2617 et seq.) of Chapter 26 of Title 38.2 and that continues to act as a provider on and after January 1, 2018, and (ii) any entity that registers to sell home service contracts under Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1 on or after January 1, 2018; and2\n\nNot apply to any entity that was exempt from the provisions of former Article 2 (§ 38.2-2617 et seq.) of Chapter 26 of Title 38.2 immediately prior to January 1, 2018.J\n\nNotwithstanding § 58.1-3 or any other provision of law, the Department of Taxation and the Department of Agriculture and Consumer Services may exchange information regarding providers for purposes of enforcing the provisions of Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1.","order_by":null,"text":{"0":{"id":306112,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Collected provider fees” means provider fees collected on home service contracts issued to a resident of the Commonwealth.\n\t\t\t“Home service contract” means the same as that term is defined in § 59.1-434.1.\n\t\t\t“Provider” means the same as that term is defined in § 59.1-434.1.\n\t\t\t“Provider fee” means the consideration paid for a home service contract issued to a resident of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306113,"text":"For taxable years beginning on and after January 1, 2018, a provider shall be subject to a minimum tax instead of the corporate income tax imposed by § 58.1-400, if applicable, net any income tax credits that may be used to offset such tax, if the tax imposed by § 58.1-400 is less than the minimum tax imposed by this subsection. The minimum tax imposed by this subsection shall be equal to 2.25 percent of such provider’s collected provider fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306114,"text":"In the case of an income tax return for a period of less than 12 months, the minimum tax shall be based on the collected provider fees for the calendar year that ends during the taxable period or, if none, the most recent calendar year that ended before the taxable period. The minimum tax shall be prorated by the number of months in the taxable period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306115,"text":"For purposes of the corporate income tax imposed by § 58.1-400, a provider’s collected provider fees shall be considered sales in the Commonwealth when determining such provider’s sales factor pursuant to § 58.1-414.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306116,"text":"When a provider that is subject to the tax imposed by this section is one of several affiliated corporations that file a consolidated or combined income tax return, the portion of the affiliated corporations’ tax liability that is attributable to the provider shall be computed as follows:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":306117,"text":"Each corporation included in the consolidated or combined return shall recompute its corporate income tax liability, net of any income tax credits, as if it were filing a separate return. The separate income tax liability of the provider shall then be compared to the affiliated corporation’s tax liability, net of any income tax credits, indicated on the consolidated or combined return. For purposes of this section, the lesser amount shall be deemed to be the corporate income tax imposed by § 58.1-400 and attributable to the provider.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":306118,"text":"If such corporate income tax amount is less than the minimum tax of the provider as calculated pursuant to subsection B, the provider shall be subject to the minimum tax in lieu of the corporate income tax imposed by § 58.1-400.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":306119,"text":"If such corporate income tax amount exceeds the minimum tax of the provider as calculated pursuant to subsection B, the provider shall not owe the minimum tax.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":306120,"text":"The requirements imposed under Article 20 (§ 58.1-500 et seq.) of Chapter 3 regarding the filing of a declaration of estimated income taxes and the payment of such estimated taxes shall be applicable to a provider regardless of whether such taxpayer expects to be subject to the minimum tax imposed herein or to the corporate income tax imposed by § 58.1-400.\n\t\t\tFor purposes of determining the applicability of the exceptions under which the addition to the tax for the underpayment of any installment of estimated taxes shall not be imposed, it shall be irrelevant whether the tax shown on the return for the preceding taxable year is the corporate income tax or the minimum tax.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"9":{"id":306121,"text":"Every provider that owes the minimum tax imposed by this section shall remit such tax payment to the Department of Taxation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":306122,"text":"The minimum tax imposed by this section on providers is in lieu of all other state and local license fees or license taxes on providers and home service contracts.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":306123,"text":"The minimum tax imposed by this section shall:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"12":{"id":306124,"text":"Apply to (i) any entity that immediately prior to January 1, 2018, was licensed as a provider under former Article 2 (§ 38.2-2617 et seq.) of Chapter 26 of Title 38.2 and that continues to act as a provider on and after January 1, 2018, and (ii) any entity that registers to sell home service contracts under Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1 on or after January 1, 2018; and","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"13":{"id":306125,"text":"Not apply to any entity that was exempt from the provisions of former Article 2 (§ 38.2-2617 et seq.) of Chapter 26 of Title 38.2 immediately prior to January 1, 2018.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"J"},"14":{"id":306126,"text":"Notwithstanding § 58.1-3 or any other provision of law, the Department of Taxation and the Department of Agriculture and Consumer Services may exchange information regarding providers for purposes of enforcing the provisions of Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I2"}},"ancestry":[{"id":13460,"edition_id":1,"name":"Taxation of Corporations","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:44:56","date_modified":"2026-06-26 03:44:56","permalink":{"id":253359,"object_type":"structure","relational_id":13460,"identifier":"10","token":"58.1\/I\/3\/10","url":"\/58.1\/I\/3\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13152,"edition_id":1,"name":"Income Tax","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":253267,"object_type":"structure","relational_id":13152,"identifier":"3","token":"58.1\/I\/3","url":"\/58.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60955,"structure_id":13460,"section_number":"58.1-400","catch_line":"Imposition of tax","url":"\/58.1-400\/","token":"58.1\/I\/3\/10\/58.1-400","metadata":false},{"id":58533,"structure_id":13460,"section_number":"58.1-400.1","catch_line":"Minimum tax on telecommunications companies","url":"\/58.1-400.1\/","token":"58.1\/I\/3\/10\/58.1-400.1","metadata":false},{"id":77310,"structure_id":13460,"section_number":"58.1-400.2","catch_line":"Taxation of electric suppliers, pipeline distribution companies, gas utilities, and gas suppliers","url":"\/58.1-400.2\/","token":"58.1\/I\/3\/10\/58.1-400.2","metadata":false},{"id":79891,"structure_id":13460,"section_number":"58.1-400.3","catch_line":"Minimum tax on certain electric suppliers","url":"\/58.1-400.3\/","token":"58.1\/I\/3\/10\/58.1-400.3","metadata":false},{"id":85449,"structure_id":13460,"section_number":"58.1-400.4","catch_line":"Minimum tax on home service contract providers","url":"\/58.1-400.4\/","token":"58.1\/I\/3\/10\/58.1-400.4","metadata":false},{"id":75981,"structure_id":13460,"section_number":"58.1-401","catch_line":"Exemptions and exclusions","url":"\/58.1-401\/","token":"58.1\/I\/3\/10\/58.1-401","metadata":false},{"id":56970,"structure_id":13460,"section_number":"58.1-402","catch_line":"Virginia taxable income","url":"\/58.1-402\/","token":"58.1\/I\/3\/10\/58.1-402","metadata":false},{"id":65538,"structure_id":13460,"section_number":"58.1-403","catch_line":"Additional modifications to determine Virginia taxable income for certain corporations","url":"\/58.1-403\/","token":"58.1\/I\/3\/10\/58.1-403","metadata":false},{"id":61129,"structure_id":13460,"section_number":"58.1-404","catch_line":"Reserved","url":"\/58.1-404\/","token":"58.1\/I\/3\/10\/58.1-404","metadata":false},{"id":84403,"structure_id":13460,"section_number":"58.1-405","catch_line":"Corporations transacting or conducting entire business within this Commonwealth","url":"\/58.1-405\/","token":"58.1\/I\/3\/10\/58.1-405","metadata":false},{"id":56464,"structure_id":13460,"section_number":"58.1-405.1","catch_line":"Eligibility of companies for apportionment modification; certification by the Virginia Economic Development Partnership Authority","url":"\/58.1-405.1\/","token":"58.1\/I\/3\/10\/58.1-405.1","metadata":false},{"id":56080,"structure_id":13460,"section_number":"58.1-406","catch_line":"Allocation and apportionment of income","url":"\/58.1-406\/","token":"58.1\/I\/3\/10\/58.1-406","metadata":false},{"id":56963,"structure_id":13460,"section_number":"58.1-407","catch_line":"How dividends allocated","url":"\/58.1-407\/","token":"58.1\/I\/3\/10\/58.1-407","metadata":false},{"id":86858,"structure_id":13460,"section_number":"58.1-408","catch_line":"What income apportioned and how","url":"\/58.1-408\/","token":"58.1\/I\/3\/10\/58.1-408","metadata":false},{"id":76197,"structure_id":13460,"section_number":"58.1-409","catch_line":"Property factor","url":"\/58.1-409\/","token":"58.1\/I\/3\/10\/58.1-409","metadata":false},{"id":54428,"structure_id":13460,"section_number":"58.1-410","catch_line":"Valuation of property owned or rented","url":"\/58.1-410\/","token":"58.1\/I\/3\/10\/58.1-410","metadata":false},{"id":80735,"structure_id":13460,"section_number":"58.1-411","catch_line":"Average value of property","url":"\/58.1-411\/","token":"58.1\/I\/3\/10\/58.1-411","metadata":false},{"id":60991,"structure_id":13460,"section_number":"58.1-412","catch_line":"Payroll factor","url":"\/58.1-412\/","token":"58.1\/I\/3\/10\/58.1-412","metadata":false},{"id":65358,"structure_id":13460,"section_number":"58.1-413","catch_line":"When compensation deemed paid or accrued in this Commonwealth","url":"\/58.1-413\/","token":"58.1\/I\/3\/10\/58.1-413","metadata":false},{"id":74292,"structure_id":13460,"section_number":"58.1-414","catch_line":"Sales factor","url":"\/58.1-414\/","token":"58.1\/I\/3\/10\/58.1-414","metadata":false},{"id":78515,"structure_id":13460,"section_number":"58.1-415","catch_line":"When sales of tangible personal property deemed in the Commonwealth","url":"\/58.1-415\/","token":"58.1\/I\/3\/10\/58.1-415","metadata":false},{"id":55363,"structure_id":13460,"section_number":"58.1-416","catch_line":"(Contingent effective date \u2014 See Editor's note) When certain other sales deemed in the Commonwealth","url":"\/58.1-416\/","token":"58.1\/I\/3\/10\/58.1-416","metadata":false},{"id":86205,"structure_id":13460,"section_number":"58.1-417","catch_line":"Motor carriers; apportionment","url":"\/58.1-417\/","token":"58.1\/I\/3\/10\/58.1-417","metadata":false},{"id":71471,"structure_id":13460,"section_number":"58.1-418","catch_line":"Financial corporations; apportionment","url":"\/58.1-418\/","token":"58.1\/I\/3\/10\/58.1-418","metadata":false},{"id":87267,"structure_id":13460,"section_number":"58.1-419","catch_line":"Construction corporations; apportionment","url":"\/58.1-419\/","token":"58.1\/I\/3\/10\/58.1-419","metadata":false},{"id":61390,"structure_id":13460,"section_number":"58.1-420","catch_line":"Railway companies; apportionment","url":"\/58.1-420\/","token":"58.1\/I\/3\/10\/58.1-420","metadata":false},{"id":54421,"structure_id":13460,"section_number":"58.1-421","catch_line":"Alternative method of allocation","url":"\/58.1-421\/","token":"58.1\/I\/3\/10\/58.1-421","metadata":false},{"id":75896,"structure_id":13460,"section_number":"58.1-422","catch_line":"Manufacturing companies; apportionment","url":"\/58.1-422\/","token":"58.1\/I\/3\/10\/58.1-422","metadata":false},{"id":56837,"structure_id":13460,"section_number":"58.1-422.1","catch_line":"Retail companies; apportionment","url":"\/58.1-422.1\/","token":"58.1\/I\/3\/10\/58.1-422.1","metadata":false},{"id":61386,"structure_id":13460,"section_number":"58.1-422.2","catch_line":"Apportionment; taxpayers with enterprise data center operations","url":"\/58.1-422.2\/","token":"58.1\/I\/3\/10\/58.1-422.2","metadata":false},{"id":54726,"structure_id":13460,"section_number":"58.1-422.3","catch_line":"Debt buyers; apportionment","url":"\/58.1-422.3\/","token":"58.1\/I\/3\/10\/58.1-422.3","metadata":false},{"id":84482,"structure_id":13460,"section_number":"58.1-422.4","catch_line":"Property information and analytics firms","url":"\/58.1-422.4\/","token":"58.1\/I\/3\/10\/58.1-422.4","metadata":false},{"id":76648,"structure_id":13460,"section_number":"58.1-422.5","catch_line":"(Contingent effective date \u2014 See Editor's note) Internet root infrastructure providers","url":"\/58.1-422.5\/","token":"58.1\/I\/3\/10\/58.1-422.5","metadata":false},{"id":63840,"structure_id":13460,"section_number":"58.1-423","catch_line":"Income tax paid by commercial spaceflight entities","url":"\/58.1-423\/","token":"58.1\/I\/3\/10\/58.1-423","metadata":false}],"previous_section":{"id":79891,"structure_id":13460,"section_number":"58.1-400.3","catch_line":"Minimum tax on certain electric suppliers","url":"\/58.1-400.3\/","token":"58.1\/I\/3\/10\/58.1-400.3","metadata":false},"next_section":{"id":75981,"structure_id":13460,"section_number":"58.1-401","catch_line":"Exemptions and exclusions","url":"\/58.1-401\/","token":"58.1\/I\/3\/10\/58.1-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-400.4\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 727<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":53987,"section_number":"38.2-2617","catch_line":"Repealed","order_by":null,"url":"\/38.2-2617\/"},{"id":57817,"section_number":"58.1-3","catch_line":"Secrecy of information; penalties","order_by":null,"url":"\/58.1-3\/"},{"id":60955,"section_number":"58.1-400","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-400\/"},{"id":79891,"section_number":"58.1-400.3","catch_line":"Minimum tax on certain electric suppliers","order_by":null,"url":"\/58.1-400.3\/"},{"id":73973,"section_number":"58.1-500","catch_line":"Declarations of estimated income tax required; contents, etc","order_by":null,"url":"\/58.1-500\/"},{"id":84450,"section_number":"59.1-434.1","catch_line":"Definitions","order_by":null,"url":"\/59.1-434.1\/"}],"permalink":{"id":253377,"object_type":"law","relational_id":85449,"identifier":"58.1-400.4","token":"58.1\/I\/3\/10\/58.1-400.4","url":"\/58.1-400.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-400.4\/","token":"58.1\/I\/3\/10\/58.1-400.4","dublin_core":{"Title":"Minimum tax on home service contract providers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-400.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Collected provider fees<\/span>” means provider fees collected on home service contracts<\/span> issued to a resident<\/span> of the Commonwealth.\n\t\t\t“Home service contract<\/span>” means the same as that term is defined in § 59.1-434.1<\/a>.\n\t\t\t“Provider” means the same as that term is defined in § 59.1-434.1<\/a>.\n\t\t\t“Provider fee<\/span>” means the consideration paid for a home service contract<\/span> issued to a resident<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For taxable years beginning on and after January 1, 2018, a provider shall be subject to a minimum tax instead of the corporate income tax imposed by § 58.1-400<\/a>, if applicable, net any income tax credits that may be used to offset such tax, if the tax imposed by § 58.1-400<\/a> is less than the minimum tax imposed by this subsection. The minimum tax imposed by this subsection shall be equal to 2.25 percent of such provider’s collected provider fees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of an income tax return for a period of less than 12 months, the minimum tax shall be based on the collected provider fees<\/span> for the calendar year that ends during the taxable period or, if none, the most recent calendar year that ended before the taxable period. The minimum tax shall be prorated by the number of months in the taxable period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of the corporate income tax imposed by § 58.1-400<\/a>, a provider’s collected provider fees<\/span> shall be considered sales<\/span> in the Commonwealth when determining such provider’s sales<\/span> factor pursuant to § 58.1-414<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When a provider that is subject to the tax imposed by this section is one of several affiliated<\/span> corporations<\/span> that file a consolidated or combined income tax return, the portion of the affiliated<\/span> corporations<\/span>’ tax liability that is attributable to the provider shall be computed as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each corporation<\/span> included in the consolidated or combined return shall recompute its corporate income tax liability, net of any income tax credits, as if it were filing a separate return. The separate income tax liability of the provider shall then be compared to the affiliated<\/span> corporation<\/span>’s tax liability, net of any income tax credits, indicated on the consolidated or combined return. For purposes of this section, the lesser amount shall be deemed to be the corporate income tax imposed by § 58.1-400<\/a> and attributable to the provider. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If such corporate income tax amount is less than the minimum tax of the provider as calculated pursuant to subsection B, the provider shall be subject to the minimum tax in lieu of the corporate income tax imposed by § 58.1-400<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If such corporate income tax amount exceeds the minimum tax of the provider as calculated pursuant to subsection B, the provider shall not owe the minimum tax. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The requirements imposed under Article 20 (§ 58.1-500<\/a> et seq.) of Chapter 3 regarding the filing of a declaration of estimated income taxes and the payment of such estimated taxes shall be applicable to a provider regardless of whether such taxpayer<\/span> expects to be subject to the minimum tax imposed herein or to the corporate income tax imposed by § 58.1-400<\/a>.\n\t\t\tFor purposes of determining the applicability of the exceptions under which the addition to the tax for the underpayment of any installment of estimated taxes shall not be imposed, it shall be irrelevant whether the tax shown on the return for the preceding taxable year is the corporate income tax or the minimum tax. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Every provider that owes the minimum tax imposed by this section shall remit such tax payment to the Department<\/span> of Taxation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The minimum tax imposed by this section on providers<\/span> is in lieu of all other state and local license fees or license taxes on providers<\/span> and home service contracts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The minimum tax imposed by this section shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Apply to (i) any entity that immediately prior to January 1, 2018, was licensed as a provider under former Article 2 (§ 38.2-2617<\/a> et seq.) of Chapter 26 of Title 38.2 and that continues to act as a provider on and after January 1, 2018, and (ii) any entity that registers to sell home service contracts<\/span> under Chapter 33.1 (§ 59.1-434.1<\/a> et seq.) of Title 59.1 on or after January 1, 2018; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Not apply to any entity that was exempt from the provisions of former Article 2 (§ 38.2-2617<\/a> et seq.) of Chapter 26 of Title 38.2 immediately prior to January 1, 2018. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Notwithstanding § 58.1-3<\/a> or any other provision of law<\/span>, the Department<\/span> of Taxation and the Department<\/span> of Agriculture and Consumer Services may exchange information regarding providers<\/span> for purposes of enforcing the provisions of Chapter 33.1 (§ 59.1-434.1<\/a> et seq.) of Title 59.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMINIMUM TAX ON HOME SERVICE CONTRACT PROVIDERS (\u00a7 58.1-400.4)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Collected provider fees” means provider fees collected on home\nservice contracts issued to a resident of the Commonwealth.\n\t\t\t“Home service contract” means the same as that term is defined in\n§ 59.1-434.1.\n\t\t\t“Provider” means the same as that term is defined in §\n59.1-434.1.\n\t\t\t“Provider fee” means the consideration paid for a home service\ncontract issued to a resident of the Commonwealth.\n\nB. For taxable years beginning on and after January 1, 2018, a provider shall be\nsubject to a minimum tax instead of the corporate income tax imposed by §\n58.1-400, if applicable, net any income tax credits that may be used to offset\nsuch tax, if the tax imposed by § 58.1-400 is less than the minimum tax\nimposed by this subsection. The minimum tax imposed by this subsection shall be\nequal to 2.25 percent of such provider’s collected provider fees.\n\nC. In the case of an income tax return for a period of less than 12 months, the\nminimum tax shall be based on the collected provider fees for the calendar year\nthat ends during the taxable period or, if none, the most recent calendar year\nthat ended before the taxable period. The minimum tax shall be prorated by the\nnumber of months in the taxable period.\n\nD. For purposes of the corporate income tax imposed by § 58.1-400, a\nprovider’s collected provider fees shall be considered sales in the\nCommonwealth when determining such provider’s sales factor pursuant to\n§ 58.1-414.\n\nE. When a provider that is subject to the tax imposed by this section is one of\nseveral affiliated corporations that file a consolidated or combined income tax\nreturn, the portion of the affiliated corporations’ tax liability that is\nattributable to the provider shall be computed as follows:\n\n 1. Each corporation included in the consolidated or combined return shall\n recompute its corporate income tax liability, net of any income tax credits,\n as if it were filing a separate return. The separate income tax liability of\n the provider shall then be compared to the affiliated corporation’s tax\n liability, net of any income tax credits, indicated on the consolidated or\n combined return. For purposes of this section, the lesser amount shall be\n deemed to be the corporate income tax imposed by § 58.1-400 and\n attributable to the provider.\n\n 2. If such corporate income tax amount is less than the minimum tax of the\n provider as calculated pursuant to subsection B, the provider shall be subject\n to the minimum tax in lieu of the corporate income tax imposed by §\n 58.1-400.\n\n 3. If such corporate income tax amount exceeds the minimum tax of the provider\n as calculated pursuant to subsection B, the provider shall not owe the minimum\n tax.\n\nF. The requirements imposed under Article 20 (§ 58.1-500 et seq.) of\nChapter 3 regarding the filing of a declaration of estimated income taxes and\nthe payment of such estimated taxes shall be applicable to a provider regardless\nof whether such taxpayer expects to be subject to the minimum tax imposed herein\nor to the corporate income tax imposed by § 58.1-400.\n\t\t\tFor purposes of determining the applicability of the exceptions under which\nthe addition to the tax for the underpayment of any installment of estimated\ntaxes shall not be imposed, it shall be irrelevant whether the tax shown on the\nreturn for the preceding taxable year is the corporate income tax or the minimum\ntax.\n\nG. Every provider that owes the minimum tax imposed by this section shall remit\nsuch tax payment to the Department of Taxation.\n\nH. The minimum tax imposed by this section on providers is in lieu of all other\nstate and local license fees or license taxes on providers and home service\ncontracts.\n\nI. The minimum tax imposed by this section shall:\n\n 1. Apply to (i) any entity that immediately prior to January 1, 2018, was\n licensed as a provider under former Article 2 (§ 38.2-2617 et seq.) of\n Chapter 26 of Title 38.2 and that continues to act as a provider on and after\n January 1, 2018, and (ii) any entity that registers to sell home service\n contracts under Chapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1 on or\n after January 1, 2018; and\n\n 2. Not apply to any entity that was exempt from the provisions of former\n Article 2 (§ 38.2-2617 et seq.) of Chapter 26 of Title 38.2 immediately\n prior to January 1, 2018.\n\nJ. Notwithstanding § 58.1-3 or any other provision of law, the Department\nof Taxation and the Department of Agriculture and Consumer Services may exchange\ninformation regarding providers for purposes of enforcing the provisions of\nChapter 33.1 (§ 59.1-434.1 et seq.) of Title 59.1.\n\nHISTORY: 2017, c. 727.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}